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A BILL TO BE ENTITLED
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AN ACT
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relating to the effect of a charter provision relating to the sale |
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of alcoholic beverages for off-premise consumption on a subsequent |
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local option election for the sale of alcoholic beverages in |
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certain home-rule municipalities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 215, Local Government |
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Code, is amended by adding Section 215.076 to read as follows: |
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Sec. 215.076. CHARTER PROVISIONS AND LOCAL OPTION ELECTIONS |
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IN CERTAIN MUNICIPALITIES. (a) This section applies only to a |
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home-rule municipality: |
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(1) in which the sale of alcoholic beverages for |
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off-premise consumption has been approved at an election called and |
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held for that purpose; and |
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(2) that, before June 11, 1987, adopted or enacted a |
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home-rule charter or home-rule charter amendment that restricts the |
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sale of alcoholic beverages for off-premise consumption to a |
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portion of the municipality. |
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(b) A local option election for or against the sale of |
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alcoholic beverages for off-premise consumption which is held or |
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conducted either before or after the effective date of this section |
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in a county or in a justice precinct in which a home-rule |
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municipality or any part of a home-rule municipality is contained |
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does not alter, modify, or supersede a home-rule charter |
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restriction of the municipality as described by Subsection (a). A |
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charter restriction described by Subsection (a) is in all respects |
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validated. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |